Legal & Regulatory Flashcards
What is the role of the Principal Designer under the CDM Regulations?
The PD must:
• Plan, manage, and coordinate health and safety in the pre-construction phase.
• Prepare the PCIP to provide information Designers and Contractors need to carry out their duties & inform them on risks.
• Work with designers to help eliminate and foreseeable health and safety risks & take steps to reduce these risks.
Who are the Dutyholders under CDM Regulations?
- Clients
- Designers
- Principal Designer
- Contractors (Principal & Sub)
- Workers
What is the role of the Client under the CDM Regulations?
To Ensure duty holders are appointed for a project.
To ensure welfare facilities are provided.
To ensure sufficient time and resources are allocated.
Notify HSE if applicable.
What is the role of the Contractor under the CDM Regulations?
Plan, manage, monitor and coordinate health and safety in the construction phase of a project. This includes:
- liaising with the client and principal designer
- preparing the construction phase plan (PDF)
- organising cooperation between contractors and coordinating their work
Make sure:
- suitable site inductions are provided
- reasonable steps are taken to prevent unauthorised access
- workers are consulted and engaged in securing their health and safety
- welfare facilities are provided
What is the role of the Designer under CDM Regulations?
Reduce risks as much as reasonably practicable where they cannot be eliminated.
Provide information to other members of the project team to help them fulfil their duties.
When is a project Notifiable to the HSE?
Where a planned construction work will last longer than 30 working days and involves more than 20 workers at any one time; or where the work exceeds 500 individual worker days.
F10 form can be found online at hse.gov.uk
What is CDM?
The CDM regulations aim to ensure health and safety is considered throughout the entire project process, from conception to maintenance to demolition.
What are the consequences of failing to comply with the building regulations?
Failure to comply with the requirements of the Building Regs can result in formal enforcement action being instigated under provisions of section 35 and 36 of the Building Act 1984.
No completion/final certificate will be issued if there is no building regulation sign off which will appear on a land search, preventing the sale of a property.
What is section 35 of the Building Act 1984?
Section 35 - breach of building regulations - If there is a breach a person is liable on summary conviction of a magistrates court to a fine not exceeding level five (currently £5,000.00) and a further fine not exceeding £50.00 for each day the default continues after conviction.
What is section 36 of the Building Act 1984?
Section 36 - removal or alteration of offending work - Without prejudice by notice, require that the owner of the property; pulls down or removes the work or if the owner so elects, to effect such alterations to make it comply with the regulation.
What is section 37 of the Building Act 1984?
Section 37 - obtaining a report where a section 36 notice is given - The person upon whom a section 36 notice has been given, may by notice to the local authority within 28 days or longer if allowed for by the magistrates court.
What are the consequences of failing to comply with planning?
Enforcement notice - An enforcement notice is a legal document that can be issued when there has been a breach of planning control. a breach is defined in the Town and Country Planning Act 1990 as development carried out without the proper planning permission, or failure to comply with a condition or limitation on permitted development rights.
What are the consequences of failing to comply with an enforcement notice?
The issuing of an enforcement notice is followed by a period for compliance during which the recipient must either comply with the notice or lodge an appeal. Where the compliance period is ignored planning authorities can apply for Confiscation Orders to recover any financial benefit obtained through the development which was unauthorised. The authority also has the power to enter land to carry out the notice requirements themselves.
What is the Landlord and Tenant Act 1985?
Landlord and Tenant Act 1985, sets bare minimum standards in tenants’ rights against their landlords; sections are as follows;
Sections 1 to 3A - require that landlords give basic information to tenants regarding their identity.
Sections 8 to 10 - the property will be fit for human habitation.
Sections 11 to 17 - place mandatory duties on landlords to repair properties.
Sections 18 to 30 - limit any “service charges” that a landlord can charge a tenant.
Section 27 - tenant’s notice to terminate
Sections 36 to 39 - contain definitions.
What is a section 27 notice?
If the tenant does not want the tenancy to continue, it can serve a notice on the landlord under section 27(1). If the tenancy is already continuing under section 24 of the LTA 1954, the tenant can serve a notice to bring the tenancy to an end under section 27(2).
